HomeMy WebLinkAboutC-2292Bank of the West
Image Clearing Service Addendum
This Image Clearing Service ( "ICS ") Addendum ( "Addendum "), made and entered into
this August day of 5th , 20 08 ( "E,(ecution Date ") by and between Bank of the West, a
California commercial bank having a principal place of business at San Francisco, California (
"Bank," "we," "our" or "us "), and City of Arcadia located at 240 W HUNTINGTON DRIVE
ARCADIA CA 91006 ( "Customer, "you" or "your ") shall be deemed to be a part of and subject
to any cash management services agreement that governs your cash management services ( "Cash
Management Services ") with us, and the Deposit Account Disclosure for Business Accounts (or for
Personal Accounts, if applicable), and any additional deposit account disclosures for deposit
accounts that govern your deposit account services ( "Deposit Account Services ") with us, as any or
all of those terms and conditions have been or may be added to, deleted from, or otherwise
amended from time to time, and any and all addenda and riders thereto (which, all taken together
with any signature card and any deposit account disclosures for any related deposit accounts
constitute the "Terms and Conditions ") Unless otherwise defined herein, all terms used in this
Addendum shall have the same meanings as in the other Terms and Conditions To the extent that
any of the terms or provisions of this Addendum conflict with those contained in the other Terms
and Conditions, the terms and provisions contained in this Addendum shall control.
This Addendum describes the terms and conditions that will apply to your Image Clearing
Service throughout our relationship
Customer Responsibilities
You may use our image clearing services as described in this Addendum (the "Image Clearing
Services' or the "Services ") subject to and in accordance with your compliance with all of the
Terms and Conditions, including the terms and conditions set forth in this Addendum You may
only transmit check images to us for deposit into your deposit account with us that is designated
for that purpose (the "Designated Account') that are created from original checks and that are
eligible for imaging An eligible item is a negotiable check for any amount in U.S. Dollars drawn
on or payable through a U S financial institution and made payable to, or properly endorsed to,
the person or entity named as the account holder on the Designated Account, and which item has
not been previously presented and paid, Recleared Substitute Checks are not to be submitted
through this method. You will create a check image of an original check using scanning
equipment to scan the front and back of each original check Maintenance of a Designated
Account in good standing is a condition to continued use of the Image Clearing Services.
You are responsible for ensuring the check image is a legible representation of the original check,
and accurately represents the information from the front and the back of the check The check
image you create must meets the Bank of the West image standards as issued from time to time
by Bank of the West The current Bank of the West image standards require compliance with the
ANS x9 37 standard in effect as of April 15, 2006, as such may be updated from time to time and
adopted by the Bank and which are expected to be superseded over the course of the next
several months by the ANS x9 100 -180 standard when and as implemented by the Bank The
Bank of the West image standards in effect from time to time are outlined in the Bank of the West
Image Clearing Services File Specifications Document. You are responsible for ensuring that all
of your hardware and software is in compliance with the Bank of the West image standards
currently in effect and for updating such hardware and software from time to time as appropriate
or necessary to meet industry standards and maintain compliance with the Bank of the West
image standards as updated You also are responsible for ensuring the MICR line information
from the original check is accurately scanned, entered or repaired for each check image. Herein
the term "check image" refers to the electronic image of the item and the accompanying MICR
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line data You recognize that a check image may not capture or include all security features
contained in the original check, such as watermarks
You are responsible for any loss or failure to collect a check image that results from an inaccurate
or illegible check image or your failure to provide full and correct MICR data or dollar amount for a
check image The Bank is responsible for exercising ordinary care in accordance with
reasonable commercial standards, but the Bank has no responsibility or liability in excess of such
standard of care, and no Bank officer or employee is authorized to agree to any increased level of
responsibility or care under any circumstances in connection with the image clearing services,
You will transmit check images to us according to the transmission deadlines provided to you by
us from time to time. A check image file shall not be deemed received by us until we receive the
check image file at a licensed location of the Bank We are not responsible for any losses arising
directly or indirectly from damage or alteration to the check image file prior to its receipt by us. If
we receive a check image file from you on a day that is not a Banking Day or after the applicable
processing cutoff hour for a Banking Day as established by us, that check image shall be deemed
to have been received by us at the opening of our next Banking Day
You agree to retain the originals of all imaged items in accordance with all applicable state and
federal laws and regulations and with commercially reasonable standards and with your own
internal procedures for not less than fourteen (14) calendar days 1 ou agree to safeguard the
originals of such imaged checks until such time as they have been destroyed
2. Processing of Check Images
We will seek to collect check images through the bank check collection system. We also may
use, at our discretion, the check image to create a substitute check and collect that substitute
check through the bank check collection system In certain cases, we may request that you
deposit the original check in lieu of the check image
Your transmission of a check image file is subject to our verification and final inspection. We
reserve the right at any time to refuse the file or to return all or part of the file to you without prior
notice
3. Suspension of Exchanging Files
Either party may suspend the exchanging of files at any time without prior notice Bank
specifically, reserves the right to suspend the exchanging of files without cause in its sole
discretion concurrent with providing notice to Customer If continued exchange of files is or will
be commercially unviable and therefore subject to suspension, any notice shall provide in
reasonable detail the reasons that the exchange of files is commercially unviable, Upon receipt
of such notice and request, the other party shall consent or object to the suspension in writing as
promptly as possible, provided that party shall consent if based on the request it can reasonably
be expected that continued exchange of files would have material adverse impact on check
processing The foregoing notwithstanding, the non - requesting party shall have until the end of
the 24 -hour period to propose a remedy to the stated problem, and the requesting party will give
due consideration to the solution and consent or object to implementation of such solution,
consent not to be unreasonably withheld. The parties agree to use commercial best efforts to
resolve any problem and end any suspension of the exchange of image files as promptly as
possible. The parties shall process paper items until image exchange is resumed. The parties
shall give 24 hours notice of the intention to resume image exchange processes, which period
shall exclude weekends and holidays
We are not under any obligation to you to inspect or verify a check image to determine accuracy,
lPoibility or oualitv of the check image or MICR line information associated with the check imaae.
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line information associated with a check image to facilitate processing of the check image or a
substitute check created from that check image,
We and other banks may process and collect a check image or a substitute check through one or
more check clearinghouses, Federal Reserve Banks, or other private clearing agreements with
another bank The check images or substitute checks will be subject to the rules of that
clearinghouse, Federal Reserve Bank, or private clearing bank agreement,
You agree that, notwithstanding its electronic form, a check image that is created from an original
check, or a substitute check created from that check image, shall be a "check" and/or an "item"
for all purposes under the Terms and Conditions (including this Addendum I, the Uniform
Commercial Code as adopted in the applicable state, the Expedited Funds Availability Act,
Regulation CC, and any other federal or state check law, to the same extent as that original
check is a "check" or an "item "
4 Exception Items
When we review and process your electronic file, we will reject any electronic image that we, in
our sole discretion, determine to be ineligible for the Services (each, an " Exception Item")
including, without limitation, electronic images of items drawn on banks located outside the United
States, electronic images that are illegible (due to poor image quality or otherwise), electronic
images of items previously converted to substitute checks, and electronic images with unreadable
MICR information. Each Banking Day on which we review and process your electronic file, we
will notify you of all Exception Items, You agree that if you wish to attempt to deposit any
Exception Item to the Designated Account, you will do so only by depositing the original paper
check on which the Exception Item is based You acknowledge and agree that even if we do not
initially identify an electronic image as an Exception Item, the substitute check created by us
therefrom may nevertheless be returned to us because, among other reasons, the electronic
image is deemed illegible by the paying bank. Our failure to identify an Exception Item shall not
preclude or limit your obligations to us.
Funds Availability
We will make funds from accepted electronic files available according to our funds availability
schedule Our funds availability schedule will be provided to Customer upon request and maybe
amended by us from time to time
Fees
You agree to pay to us fees in connection with the provision of the Services based upon our fee
schedule in effect for such Services and provided to you from time to time Notice to you of our
fee schedule and any changes thereto pertaining to the Services may be given by us in the same
manner in which we give notice of fees regarding other services provided by us to you
Warranties for Check Image Processing
You represent and warrant to us each time you transfer or deposit a check image with us directly
or indirectly through your service provider or otherwise that
(a) the check image is an accurate representation of all information on the front and
back of the original check at the time the original check was converted to a check
image, and the check image contains all endorsements from the original check,
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(b) each check image (or related electronic data file) contains a record of all MICR
line information required for a substitute check and otherwise satisfies all of the
requirements of Check 21 and Regulation CC for the creation and/or transferring
of a substitute check created from that check image,
(c) each check's format shall adhere to industry standards and may change from
time to time The current standards will be outlined in the Bank of the West's
Image Clearing Service File Specifications document
(d) the original check, a duplicate check image, or any copy of the original check or
check image will not be deposited by you with us (unless we expressly instruct
you to do so) or under any circumstances with any other bank.,
(e) the original check, a duplicate check image, or any copy of the original check or
check image will not be presented, transferred or returned such that we or any
other person (such as the drawer of the check) will be asked to make payment
based on a check or check image that we or the other person already paid
(f) all the information provided to the Bank is and shall be accurate,
(gi you shall maintain control over and responsibility for retention and destruction of
original paper checks and any and all sensitive electronic data relating to
consumer information, including but not limited to consumer names, addresses,
and account numbers (and, in that regard, you are responsible for the
safekeeping of all paper items and proper disclosure to affected consumers of
any compromised information);
(h) you will dispose of original paper checks from which you have previously created
and submitted to us an electronic image in accordance with the requirements of
this Addendum, and
(1) the deposit file will have a credit record that offsets all the items in the file, This
is referred to as a "balanced deposit." The credit record will have a valid Bank of
the West Account to which the deposit can be credited. The deposit will be
rejected if the deposit file is not a "balanced deposit" or has an invalid Bank of the
West account number
In addition, each time you transmit a check image file to us, directly or indirectly through your
service provider or otherwise, you are deemed to make to us any representation, warranty or
indemnity that we make, under applicable law, clearinghouse rule, Federal Reserve Operating
Circular, bi- lateral agreement or otherwise, to any bank (including a Federal Reserve Bank and
the paying bank) or other person when the bank transfers or presents the check image or any
substitute check created from that check image, including without limitation the following
presentment warranties
Of the accountholder named on the Designated Account is legally entitled to obtain
payment of the check;
(k) the check has not been altered,
(1) to the best of your knowledge, the signature on the check is authorized and is the
true signature of the person whose signature it purports to represent and
otherwise bears all necessary and proper endorsements, and
(m) the execution of the check was authorized by the person or entity identified on
the check as the drawer
We may charge back from your Designated Account or any other of your accounts with us
(including any account held in any capacity by any accountholder on the Designated Account
any deposited check that is later returned to us owing to an actual or alleged breach of any such
representation or warranty
8. Testing
Both parties will mutually agree upon testing to be performed whenever software or hardware
modifications or enhancements, Initiated by either party, may affect the creation and processing
of ICS files Both parties will make their best effort not to impact the accuracy of the ICS file
formats.
Internet Access and Information Security
You acknowledge that we do not control the Internet or other information systems operated by
third parties and you will not hold us or our agents liable for any failures, acts, or omissions of any
third party information system operator, including but not limited to, unauthorized access to,
alteration, theft, or destruction of information and data
You agree to employ a commercially reasonable security technology for transmitting the check
images and deposit data to us In the event of a change In the commercially reasonable standard
as a result of technological advancements, you agree to utlllze such security technology which
will satisfy such then commercially reasonably standard You agree to audit your security
practices and otherwise comply with our rules pertaining to Internet security as provided to you in
writing, You acknowledge and agree that such rules may be modified by us, such modifications
to be effective upon the giving of notice thereof by us to you You agree that if your email system
blocks email which is blacklisted by your firewall or any other software, you will assure that our
domain is not on any such blacklist and that emails originated from our domain are accepted by
your email system.
You agree to exercise due care in seeking to preserve the confidentiality of any user number,
password, test key, or other code or identifier and to prevent the use of Internet delivered Image
Clearing Service by unauthorized persons You agree that implementation by us of our normal
procedures for maintaining the confidentiality of Information relating to our customers, and where
practicable obtaining similar undertakings from third parties engaged in the installation,
maintenance and operation of a system used to provide the Services, shall constitute our
fulfillment of exercising due care, and we shall not otherwise be under any liability or have any
responsibility of any kind for any loss incurred or damage suffered by you in consequence or by
reason of any unauthorized person gaining access to or otherwise making use of the Services
You assume full responsibility for the consequences of any missing or unauthorized use of or
access to the Services or disclosure of any confidential Information or instructions by you
including your employees and agents. You must take preventative action to scan all files for
viruses
10. Warranties
THE RFRVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO
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SERVICE INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, WE DISLCIAIM ANY WARRANTIES REGARDING
THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE, (INCLUDING,
WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR
BE ERROR FREE). YOU ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY
CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED
WITH USING OPEN NETWORKS SUCH AS THE INTERNET ANDlOR TELECOMMUNICATION
LINES OR CIRCUITS. YOU ASSUME ALL RISKS RELATING TO THE FOREGOING
11., Limitation on Liability
Any provision of this Addendum to the contrary notwithstanding, you and we agree that in the
event of a breach or failure to perform by either of us under the terms of this Addendum, neither
of us shall be entitled to recover consequential, incidental or punitive damages from the other of
us; provided, however, such shall not affect our entitlement to recover losses from you under the
provisions of the following paragraph„ even if any portion or all of such losses may consist of
consequential, incidental or punitive damages imposed or rendered against us for which you have
agreed to indemnify and hold us harmless
12. Indemnification for Check Image Service
In addition to any indemnification provided by you to us under the terms of the cash management
services agreement, you will indemnify us against and hold us harmless from any and all
liabilities, claims, costs, expenses and damages of any nature (including reasonable attorneys'
fees) arising out of or relating to a breach of the representations or warranties provided by you
under this Addendum or any of your obligations under this Addendum or from our actions or
inactions taken pursuant to any request by you or pursuant to this Addendum (except for losses
and liabilities arising directly or indirectly from or related to Bank's own gross negligence or willful
misconduct) The obligations contained in the preceding sentence will continue after the Services
are terminated This section does not apply to any cost or damage incurred by a third party which
is attributable to our negligence or intentional misconduct and for which we are legally
responsible.
13. Governing Law
This Addendum shall be governed by the internal laws of the State of California
14. GLOSSARY OF TERMS
The following are some important terms that appear in this Amendment and shall apply equally to
the singular or the plural form of the term, regardless of whether or not capitalized.
ANSI X9 37 Standards refers to the Accredited Standards Committee X9 standards and
technical guide Specifications for Electronic Exchange of Check and Image Data
Banking Day means Monday through Friday, ewcluding weekends and Federal holidays, even if
we are open for business.
Check 21 means the Check Clearing for the 21" Century Act (12 U S C 5001 -5018) as it may be
amended from time to time
Check Image means an electronic image of an original check (including a substitute check) and
+k- hAir P ,nfnrmafinn rrontari by unit in rnnnarfinn with tha Service
11
E
Expedited Funds Availability Act (EFA Act -12 U S C 4001 -1010) requires banks to disclose
their funds availability policies and requires standardization of hold policies The act is
implemented through Regulation CC as it may change from time to time
ICL File means an Image Cash Letter File, an electronic transmission of check images and MICR
line data sent to the Bank,
MICR data means Magnetic Ink Character Recognition information in compliance with various
ANSI X9 standards covering MICR placement, quality and image replacement documents
Original Check means the paper check that you scan to create a check image.
Regulation CC means Federal Reserve Board Regulation CC Availability of Funds and
Collection of Checks, 12 C F R Part 229, as it may be amended from time to time
Substitute Check or IRD (Image Replacement Document) means a copy of an original check,
created from a check image, which is similar in size to an original check with a slightly reduced
image of the front and back of the original check Substitute checks should meet ANSI X9.90
standards. The term substitute check shall have the meaning set forth in Check 21 and
Regulation CC, as it may be amended from time to time
IN WITNESS WHEREOF, this Addendum
behalf of Bank and Customer, each acting through
thereof, as of the day and year first above written
Date
Date, September 1.6, 2008
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Date
has been duly executed and delivered on
a duly authorized officer or representative
If Customer is an individual
Signature
Print Name
If Customer is a legal entity CITY OF ARCADIA
Entity Name
Name Donald Penman
City Manager
Title
Ba he West, a Cal iforni ommercial bank
By
ame Phillip Cas ellano
Title, Cash Management Sales Consultant AVP,
City of
Arcadia
Office of the
City Manager
William R. Kelly
City Manager
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(626) 574 -5401
(626) 446 -5729 Fax
April 4, 2007
Bank of the West
Arcadia 719
1155 West Huntington Drive
Arcadia, CA 91007
Attention: Christine Herrera
Vice President
Client Manager
Government Banking
Ken C. W. Lin
Vice President
Branch Manager
Arcadia 719
RE: Agreement for Banking Services —City of Arcadia
Dear Ladies and Gentlemen:
This letter is intended to constitute an Agreement between the City of Arcadia and
Bank of the West establishing a banking relationship based upon Bank of the
West's Cash Management Terms and Conditions submitted to the City of Arcadia
dated March 6, 2007 ( "Proposal "). In furtherance of establishing this banking
relationship, the City has concurrently herewith executed a Credit Card
Agreement (entitled "Terms of Service ") with NOVA Information Systems, Inc.,
an On -Line Access Agreement and a Contract for Deposit of Moneys. By means
of this correspondence, the City of Arcadia confirms that the Proposal shall take
precedence over any and all terms and provisions of the above additional
agreements and documents and, to the extent that there may be inconsistencies
between the terms and provisions of the Proposal, on the one hand, and terms and
provisions of any and all of the above agreements and documents, on the other
hand, then the terms and provisions of the Proposal shall govern. Furthermore, by
means of execution of this correspondence, Bank of the West confirms all other
terms and provisions of the Proposal which are not otherwise set forth in any of
the above agreements and documents. Finally notwithstanding any provision to
the contrary set forth in the Proposal and/or in the above agreements and
documents, the City of Arcadia and Bank of the West agree that the Section of the
Cash Management Terms and Conditions entitled "Waiver of Jury Trial" shall not
be applicable to the City of Arcadia.
By executing this correspondence below, Bank of the West agrees to all of the
terms and provisions set forth in this correspondence.
{SIGNATURES ON NEXT PAGE}
Bank of the West
April 4, 2007
Page 2
Sincerely,
William R. Kelly
City Manager
APPROVED AS TO FORM:
Vii, P. �
Stephen P. Deitsch
City Attorney
The undersigned represents and warrants that the undersigned is authorized to
execute this Letter Agreement on behalf of Bank of the West, and that by
executing this Agreement below, Bank of the West hereby agrees to the terms and
provisions of this correspondence.
ignature
{Title}
Dated:—S-- 3/ 6
1W-16 I! f
AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL BANKING SERVICES
BY AND BETWEEN THE CITY OF ARCADIA AND BANK OF THE WEST.
This Amendment No. 1 ( "Amendment No. 1 ") is hereby entered into by and between
the City of Arcadia, a charter city organized under the Constitution and laws of the State
of California, and Bank of the West, a state chartered bank, with respect to that certain
Agreement for Banking Services between the parties dated April 4, 2007 ( "Agreement ").
The Parties agree as follows:
1. Pursuant to Section 3 of the Proposal, as referenced in the Agreement, the
Term is hereby amended by extending the Term to June 30, 2015, with the
option to renew for two (2) additional years.
2. Pursuant to Section 3 of the same Agreement, the Bank's Earnings Credit
Rate, (ECR), is hereby amended to read as follows:
The City's Collected Balances for Earnings Application will be
based on its Average Daily Collected Balance plus Average
Negative Collected Balance less the Legal Reserve
Requirement of 10 %. Bank of the West will use the Collected
Balance to apply as earnings to offset banking fees. The City
will be offered an Earnings Credit Rate of 0.75% for the period
of July 1, 2012 to and including June 30, 2015.
3. Pursuant to Section 6 of the same Agreement, the Cash Management Fee
Schedule is hereby amended as referenced in the attached Exhibit "A ".
4. All terms and provisions of the Agreement not amended by this Amendment
No. 1 are hereby reaffirmed.
1
In witness whereof the Parties have executed this Amendment No. 1 on the date
set forth below.
CITY OF ARCADIA
W�t-- N-6
Dominic Lazzaretto
City Manager
►x/11..1 +.I .� ��i .✓.0
APPROVED AS TO FORM:
0- b6Z4
Stephen P. Deitsch
City Attorney
CONCUR:
Hue C. Qua
2
BANK OF THE
Ken C. W. Lin
Vice President, Branch Manager
ate: r' /' >- W 2
Title C41
Date:
Exhibit "A"
CASH MANAGEMENT FEE SCHEDULE
Proposed Analysis Statement
B�i'� NKMEWEST.
City at Arcadia
Actual Proposed
Compensating
Prepared February 2012
Balance and Compensation Information
Rate
Charge Charge
For Statement Period December 2011
Average Ledger Balance
Less Average Float
$662,980.66
Average Collected Balance
_ $105,710.269.92 74
$557,
Average Positive Collected Balance
Average Negative Collected Balance
$557,710.92
Positive Collected Balance
$0.00
Less Federal Reserve Requirement at 10%
$557,710.92
Investable Balance
, $0.00
Average Positive Collected Balance
$557, 710.92
Less Balance Required For Services
$557,710.92
Deficit Balance
$2,761,813.32
$173,473.12
$2,204, 102.40
December Actual Analyzed Position
7 2000
Earnings Credit of Earnings Balance Basis
ECR fee Basis
Less Total Analyzed Fees
0.75% $355.25
Analyzed Charges Due After Earnings Credit
$1,7559
24
Proposed Analyzed Position
Earnings Credit of Earnings Balance Basis
ECR Fee Basis
Less Total Analyzed Fees
0 75 °h 5355, 25
Analyzed Charges Due After Earnings Credit
- $1,66274
r a1 3s 0.7.4
Service Charge Detail Volurru
Unit Price
Proposed
Actual Proposed
Compensating
Rate
Charge Charge
Bagnw
Miscellaneous Services
Checks Paid 896
Deposits Processed
$0.050
00450
$44.80 $.40 32
$78,145.76
13
FDIC Insurance
$0.750
06750
$9.75 $8J8
$17,007.17
663
Monthly Account Maintenance
$0.150
Al
$98.45 $99.45
$173,473.12
7
Total Miscellaneous Setvkes
$8.000
7 2000
$56 00 $50 40
$97,682.20
$210.00 $198.95
$363303.24
Zero Balance Accounts (ZBA) Services
ZBA Concentration Account
1
ZBA iaerAccount
$15,000
13500
$15.00 $1350
$26,164.87
3
rotas ZBA Services
$8.000
-
$24,00 $24 00
$41,883.80
$39.00 $37.50
$63023.87
'hacks Deposited • Non - encoded
Non- encoded On Us' 3
Non- encoded Local and Non - local'
$0.080
0.0720
$0.24 $0.22
$418.64
107
'otal Checks Deposited services
$0.120
0.1080
$12.84 $11 56
$22,397.13
$13.03 $11.77
$22,316.77
Bank of the Weet Conildentlel 02123!2012
Page 1
Service Charge Detail
Deposited kelm Returned / Recleaned
Deposited Item Returned
Returned Item Maker Name
Deposited Item Recleaned
Total Deposited Items Returned / Recleared Services
Transportation Services
Armored Car
Total Transportation Services
Image Express Services
CO Produced - per CD
Images Written to CD
Total Image Express Services
Wire Transfer Services
Incoming Wire
Total Wire Transfer Services
Account Reconcilement Services
Void - Cancel tape, Diskette
Input Issue, Electronic
Base Fee
Stand Alone Positive Pay
Positive Pay Base Fee
Exception Items
Stand Alone Positive Pay
Total Account Reconcilement Services
Automated Clearing House (ACH) Services
Electronic (ACH) Credits
Electronic (ACH) Debits
Returned Items - Debit
Returned Items - Credit
Data Block - Per Account
Total ACH Services
Electronic Deposit Service
Deposit Fee
Deposit Fee
ICS CC Maintenance
EDS Items
EDS Items
Total Electronic Deposit Service
Volume
Unk Price
Proposed
AD
Proposed Compensati ng
$34,886.50
889
Rate
Charge
Charge
Ealenee
9
$1.500
5000
$13.50
S13 50
$23,548.39
14
$0.500
0 4500
$7.00
$6 30
$12,210.27
5 5
$0.750
6-7500
$3, 75
$3.75
$6, 541.22
$70,645,16
4
$0 -030
0,03300
$0.12
$24.25
$23.55
$42,299.88
1
$178.500
17$ 5000
$178.50
5178.50
$311,362.01
1
$20.000
18 0000
$20.00
s18.G0
$34,886.50
889
$0.030
0,0300,
$26.67
5266
$46,521.15
$46.47
$44.67
681,407.06
9
$4.500
40500
$40.50
$36 45
$70,645.16
$40.50
$36.45
$70,645,16
4
$0 -030
0,03300
$0.12
5012
$209.32
960
$0.030
0.0300
$28.80
328 80
$50,236.56
2
$30.000
270000
$60.00
S5400
$104.659.50
2
$25.000
225000
$50.00
$4500
$87,216.25
2
$1.250
1 1250
$2.50
S225
$4,360.81
3
$30.000
270000
$90.00
$ 81 00
$156,989.25
$231A2
$211.17
$403,671.66
141
$0.140
0.1260
$19.74
$17 77
Waived
19
$0.14
0.1260
$2.66
$239
Waived
4
$5.006
L$5
4 5000
$20.00
518 00
$34,886.50
1
$5.000
45000
$5.00
$450
$8,721.62
6
.000
4.5000
$30.00
$2700
$52,329.75
$55.00
$69.66
$95,937.87
20
$0.000
O.f�30
$0,00
sO.GG
$0.00
19
$0.750
0.675G
$14.25
$12 83
$24,856.63
1
$30.000
30,tQ00
$30.00
S30 OG
$52,329.75
7,321
$0.040
00360
$292.84
$263.56
$510,808.12
100
$0.000
0.0000
$0.00
$0 00
$0.00
Bank of the West Conrklerrtlal 02/23/2012
Page 2
Service Charge Detail
WebOirect
Corp -prev Day Mo Fee, 1 st Acct
Corp -prev Day Mo Fee, 2 -10 Accts
Info Reporting
WD Corp(prev Day Detail Items
WD Check Imaging
Current Day Reporting
WD curr Day 1 st Account
WD curr Day 2 -10 Accounts
WD curr Day Detail Items
Special Reports
Deposit Statements, DEPSTMT
Analysis Statements, ANASTMT
WD ACH Special Reports
WD ARP Special Reports
Stop Payments
WD 6 Month Stop Payment
Wire Transfer
WD Wire Transfer Base Fee
WD Book Transfer Wire
WD Domestic Wire
WD Account Transfer Items
ACH Services
WD ACH Monthly Maintenance
WD ACH 1 -1000 Transactions
WD ACH File Upload 1 -1000
WD ACH File Upload Items
Total WebDimet Corporate Services
Cash Services
Currency Deposited, per $1
Total Cash services
Cash Vault Services
Currency f Coin Deposited
Cash Vault Deposits
Currency Dep - Standard, per $100
Total Cash Vault Services
1
6
1,317
17
1
1
37
8
7
4
66
2
1
5
7
2
1
10
1,000
1049
19
469
Proposed Dec pry
Unit Price Rate Actual Aased Compensating
Charge Charge Balance
$10.
$10.
$0.
$20.
$20.
$1.
$1.
$1.
$1.
$4.1
$10.(
$6.(
$5.(
$1C
$0,
$0.
ti
0.
0
18.
18.
01
0
01
0<
0E
0.
0.
$10.00
$60.00
$92.19
$1.70
$20.00
$20.00
$2.59
$8.00
$7.00
$4.00
$66.00
;r r r
$10.00
$30.00
$35.00
$2.00
$20.00
$0.40
$40.00
$82
$1
S18
$18.
S2
$7-
S6 :
$3 t
$8
S10
$27
$35.
$1.
$20.1
so:
$36(
$17,443.25
$104,659.50
$160,809.32
$2,965.35
$34,886.50
$34,886.50
$4,517.80
$13,954.60
$12,210.27
$6,977.30
$0.00
$13,954.60
$17,443.25
$52,329.75
$61,051.37
$3,488.65
$34,886.50
$697.73
$69,773,00
$73,191.88
720,127.12
$14.25 $14.25 $24,856.63
$28.14 $2814 $49,085,30
TOTAL SERVICE CHARGES
51758.24 $1, 62.74 $2,859,560.81
Notes:
1. Pro Forma fees/volumes are assumptions based on Bank of the Wears know) uctu
2. The Earnings Credit Rate (ECR) is based on several market indicators and balance of
maintatinnedd ECR subjett to change monthly.
3. Fees stated in this pro-forma are valid for ninety (90) days.
Bank of the West Confidential 02123/2012
Page 3